Wednesday, April 14, 2004

Daubert and Landfills

Our new correspondent on matters of Colorado state law, Jim England of the Boulder law firm Hutchinson, Black & Cook, has passed along a Denver Post report about testimony from an expert in the obscure field of dumpology. It's about time that the real "junk scientists" got their turn.
Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.